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Ki Book Club Terms of Service

Valid as of March 20th 2020

1. Object and Validity

1. By installing the App or using The Platform (as defined below), you agree to be bound by these terms of use (the "Terms of Use"). Please review them carefully before installation and/or acceptance.

2. The company

Ki Book Club, LLC, 25 George St, Dover, NJ 07801
E-Mail address: support@kibookclub.com

(hereinafter referred to as “KBC”) operates a platform for mobile reading and listening on the internet portals http://www.kibookclub.com, http://www.kibook.club and other websites, as well as on mobile applications (a.k.a. Apps)(hereinafter referred to as “Platform”). In this context, KBC’s authors transform the insights of non-fiction books and other content for you into a concise format. This gives you the opportunity to discover new books through delivering the insights from non-fiction books or other content on your computer or mobile device. 

3. The use of the Platform shall be subject to the following General Terms and Conditions (“General Terms and Conditions”) in the version valid at the time of your registration respectively order. KBC does not acknowledge any different general terms and conditions belonging to you unless KBC agrees to their validity in writing.

4. No separate contract text is provided for the agreement pertaining to the use of the Platform. The content of the agreement between you and KBC is based on these General Terms and Conditions, as well as on the specific information provided to you as part of the registration (see Section 3), when ordering a paid subscription (Section 4) and/or affiliate links (see Section 6), that will be saved by KBC and that is available in your user account at any time.

5. You accept the validity and applicability of these General Terms and Conditions when using The Platform, registering, or purchasing a paid subscription or affiliate product, as the case may be.

2. Ki Book Club’s Services and Rights

1. Ki Book Club provides the key insights from non-fiction books and other content (hereinafter jointly referred to as ”Platform Content”), which allow you to grasp their essence within a few minutes. Moreover, KBC may provide a personal profile to you, which you can fill with personal notes and bookmarks.

2. The extent of the platform Content and the options to use (the “License”) depend on the type of account you selected. There is a difference between a free account (see Section 3), a paid subscription (see Section 4) and a free trial (see Section 5). In terms of duration, the license is limited to the validity period of the free account / paid subscription / free trial, however.

3. The rights to KBC's service and the content distributed through the service are and will remain with KBC and /or KBC's licensors. The KBC software applications and content are licensed to you within the scope of the contractual use. We only grant you a non-exclusive (simple), time-limited right to personal use of the KBC service and its contents (however, subject to Section 6, availability of purchased Audiobook Content will be unlimited in your account).

4. All KBC trademarks as well as our trade names, logos, domain names and other distinctive features of the KBC trademark are the sole property of KBC. The license does not give you any right to use the KBC trademarks, our trade names, logos, domain names or any other distinctive features of the KBC trademark, be it for commercial or non-commercial purposes.

5. KBC is allowed to show you promotional information on the Platform.

3. Registering with Ki Book Club

1. In order to be able to use KBC’s services, a registration with KBC is required. Individuals over the age of 18 have the right to register. As a minor, you may only register with KBC if you are at least 14 years old and your legal representatives have provided their consent. KBC reserves the right to make the use of KBC services contingent on proper proof of your identity, your legal age, or your legal representative’s consent.

2. The registration itself is free of charge (free account) and does not oblige you to obtain a paid subscription. By registering, you are executing an agreement with KBC for a limited, free use of the Platform.

3. You can use your e-mail address as well as a password of your choice to register. You can register via our website or after downloading our iOS or Android apps.

4. Any information required for registration must be complete and correct and always up-to-date. KBC has the right to save and process the data you provided during registration, in accordance with the provisions on Data Protection.

5. The password used must be kept confidential. Keeping it a secret is solely and fully your responsibility. The KBC user account may only be used by you. Any unauthorized use of your user account, as well as any such suspicion to that effect should be communicated to KBC immediately.

4. Executing an Agreement for a Paid Subscription

1. To be able to fully benefit from KBC's services, additional service packages in the form of paid subscriptions (“Subscription Access”) are available to you. These may be offered at different, and variable periods of time, which you will see in the order options.

2. KBC's Subscription Accesses are paid subscriptions that allow you to access additional content and features through our mobile and web-based applications. We currently offer the following subscription / service package:The KBC Membership service package includes access to all of our Platform Content. You will have access to the respective services as long as your subscription is valid.

3. You submit a legally binding offer for a fee-based subscription, if you enter the information requested in the online order form and then click the button to complete the order, or, if you subscribe to the equivalent service in a mobile app store. By doing so, you submit a legally binding offer for an agreement for a paid subscription.

4. If you purchased your fee-based subscription via KBC’s web-based application, KBC will send the order confirmation to you by email. If you purchased your fee-based subscription via an in-app purchase (please also see subsection 5) you will receive a receipt confirmation following your order from the third party appstore (Apple or Google) and KBC will send to you the notice of acceptance (order confirmation) by separate email after you create your user profile inside the app. Your subscription begins on the date that your payment is processed. Please read our Privacy Statement for information on the collection, use and processing of your data.


5. Trials / Testing Phases

1. KBC occasionally offers in particular to new users free Subscription Access for testing purposes for a certain period of time (“Trial”). KBC determines, at its sole discretion, if you may participate in a Trial. In case of an important reason, KBC may discontinue or change such free Trial at any time without prior notice or notification.

2. You can only participate in certain Trials if you enter your payment details when you sign up for the Trial. In such a case, you grant your consent at the beginning of the Trial that your free access will be converted into a paid Subscription Access (Section 4) on the day following the end of the Trial. In this situation, your subscription renews itself on a recurring basis and can be terminated up to one day before the end of the respective subscription period (Section 8.2). KBC does not offer refunds on charges made in accordance with this agreement.

3. If, in a case of Section 5.2 , you do not wish to have the Subscription Access and the charge associated with it, you must cancel your Subscription Access given to you during the Trial before 24 hours prior to the end of the Trial (for example, by simply going to cancel.kibookclub.com or the respective app store settings).


6. Use of Affiliate Links

1. Ki Book Club is authorized to use links to affiliate products and services inside it’s software, for which it receives a commission on affiliate sales. 

7. Cancellation Policy

1. If you are a consumer (i.e., a person completing the legal transaction for purposes that can be predominantly attributed to neither their commercial nor their independent professional activity), you are entitled to a statutory withdrawal right when concluding a distance selling agreement, about which KBC provides information below. Please note that in the case of an in-app purchase, you have a right of withdrawal within the respective app store, i.e., Apple-App-Store or Google Play Store.

To cancel/withdraw, please visit
https://cancel.kibookclub.com. Alternatively, you may write KBC directly at support@kibookclub.com.

KBC does not offer refunds on charges made in accordance with this agreement.

8. Reimbursement and Payment Methods, Compensation and Retention Rights

1. The use of a subscription for Subscription Access (Section 4) is subject to a fee and must be paid at the beginning of the subscription. 

2. As payment methods, KBC offers credit card, Google Pay, and additional payment methods, if available, specified before beginning of the order process.

3. If accessing by using a code, payment will be made by the payment method specified by KBC and chosen by you prior to the purchase of the code, such as Paypal or bank transfer.

4. When purchasing a subscription with the KBC iOS or Android apps, payment is made by Apple's or Google's in-app purchase process.

5. As part of your Subscription Access, your payment obligation to KBC will be automatically renewed at the end of the relevant subscription term if you do not cancel your paid subscription at least 24 hours before the end of the term (Section 9.2).

6. You are not entitled to offset any claims against claims of KBC, unless your counterclaims are finally determined with legal effect or undisputed. You are also entitled to offset against the claims of KBC, if you make complaints for defects or counterclaims based on the same agreement.

7. You may only exercise your right of retention if your counterclaim results from the same agreement.

9. Conditions of Use

1. You will not, nor allow third parties on your behalf to:

(a) make and distribute copies of the App;
(b) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, or translate the App; or
(c) create derivative works of the App of any kind whatsoever.

2. The App is currently made available to you free of charge for your personal, non-commercial use. Ki Book Club: Elite Summaries reserves the right to amend or withdraw the App or charge for the App or service provided to you in accordance with these Terms of Use at any time and for any reason.

3. You acknowledge that the terms of agreement with your respective mobile network provider (the "Mobile Provider") will continue to apply when using the App. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the App or for any such third party charges as may arise. You accept responsibility for any such charges that arise.

4. If you are not the bill payer for the mobile telephone or handheld device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.

10. Term and Cancellation

1. The free usage agreement starts from the time you register according to Section 3 of these Terms of Use and runs indefinitely, or, in the case of the mobile apps, from the time you operate the app on your mobile device. You may cancel the free usage agreement at any time by deleting the mobile app off your phone, and writing to us at support@kibookclub.com.

2. The paid subscription for the Subscription Access (see Section 4) will run for at least the term you originally selected and will automatically renew if it is not canceled at least 24 hours before the end of that period. The subscription term will be extended according to the subscription model used so far. You can cancel as instructed below:You can cancel paid subscriptions completed via Stripe on our website by visiting cancel.kibookclub.com and completing the form.You can cancel paid subscriptions completed via our web app in the "Settings" menu item of the web app. To do this, you must log in, open the settings in the context menu and click on “Cancel subscription”.A paid subscription completed in our iOS or Android apps can be canceled in your iTunes or Google Play.

3. The Subscription Access cancellation takes effect on the day following the last day of your current subscription period and you will be downgraded to the free user agreement (free account). 


11. Liability

1. In no event will Ki Book Club: Elite Summaries be liable for any direct, indirect, special, punitive, exemplary, or consequential losses or damages of whatsoever kind arising out of your use of or access to the App, including loss of profit or the like whether or not in the contemplation of the parties or whether based on breach of contract, tort (including negligence), product liability, or otherwise.

2. Ki Book Club: Elite Summaries is not liable to you for any damage or alteration to your equipment, including but not limited to computer equipment, handheld devices, or mobile telephones, as a result of the installation or use of the App.

3. Nothing in these Terms of Use shall exclude or limit Ki Book Club: Elite Summaries's liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under the applicable law.


12. Availability

1. This App is available to handheld mobile devices running Apple iOS, Android. Ki Book Club: Elite Summaries will use reasonable efforts to make the App available at all times. However, you acknowledge the App is provided on the Internet and on mobile networks, so the quality and availability of the App may be affected by factors outside Ki Book Club: Elite Summaries's reasonable control.

2. Ki Book Club: Elite Summaries, its group of companies, and its sub-contractors do not accept any responsibility whatsoever for unavailability of the App or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable.

3. Ki Book Club: Elite Summaries will not be responsible for any support or maintenance for the App.

 

13. System Requirements

1. In order to use the App, you are required to have a compatible mobile telephone or handheld device, Internet access, and the necessary minimum specifications (the "Software Requirements").

2. The Software Requirements are as follows: iOS version 8.0 or greater and Android version 4.4 or greater.

3. The version of the App software may be upgraded from time to time to add support for new functions and services.

 

14. Change of Terms and Conditions

1. KBC reserves the right to amend and/or supplement the General Terms and Conditions with effect in the future. You will be notified by KBC of any amendments and/or supplements to the terms and conditions. To this end, KBC will send you the new version of the General Terms and Conditions to the e-mail address specified by you in the registration. In this context, KBC will expressly point out to you the possibility and deadline for an objection to the new version of the General Terms and Conditions, as well as the consequences, should you not object.

2. If you do not object to the applicability of the new version of the General Terms and Conditions within two weeks after receipt of the notification referred to in paragraph (1) of this Section, the new version of the GTC shall be deemed accepted by you.

3. If you object to the new version of the General Terms and Conditions in due time, the contractual relationship shall be continued under the previous General Terms and Conditions, but KBC may decide to terminate the free user agreement or the paid subscription with effect from the next possible regular termination date.


15. Termination

1. Ki Book Club: Elite Summaries may terminate use of the App at any time by giving notice of termination to you.

2. Upon any termination:
(a) the rights and licences granted to you herein shall terminate; and
(b) you must cease all use of the software.

 

16. Disclaimer of Warranties

1. To the maximum extent permitted by law, and for the avoidance of doubt, Ki Book Club: Elite Summaries hereby disclaims all implied warranties with regard to the App. The App and software are provided "as is" and "as available" without warranty of any kind.

17. Final Provisions

1. If any provision of these General Terms and Conditions is invalid, the remainder of the agreement remains valid. The statutory provisions shall take effect over the invalid regulations.

2. The law of the United States of America shall apply. The legal provisions restricting the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer normally resides as a consumer, remain hereof unaffected.

3. If no exclusive legal court of jurisdiction is given, all disputes arising out of or in connection with the contractual relationship shall be settled exclusively by the court at KBC’s registered office, thus New Jersey, provided that you are a merchant, a legal entity under public law or a special fund under public law or have no general court of jurisdiction in the USA, or have moved your (residential) address to non-US territories subject to the validity of these General Terms and Conditions.